A divorce is uncontested when both spouses agree on everything, including property, debts, support, and custody. This kind of divorce usually takes less time and costs less than a contested one. However, even in uncontested divorces, you must meet specific requirements and briefly appear in court.
An experienced South Carolina divorce lawyer can guide you through the legal process, prepare the correct forms on your behalf, and ensure you meet the court’s rules. They can also help you avoid delays or problems if something gets missed or filed incorrectly.
What Is an Uncontested Divorce?
In an uncontested divorce, both spouses agree on every part of their separation. Their agreement typically covers the distribution of their property and debts, whether one person will pay support, and who will take care of the children.
When couples settle these issues independently, they don’t have to ask the court to decide them. So, the agreement can make the process faster and more straightforward. A court still has to approve the divorce. However, the court won’t need to step in to resolve disputes.
Uncontested divorces are relatively simple. Still, to obtain an uncontested divorce in South Carolina, you must file the correct forms, follow South Carolina’s divorce laws, and attend a brief hearing. A lawyer can help with each step.
How Is an Uncontested Divorce Different From a Regular Divorce in South Carolina?
Many divorce cases involve at least some disagreement. Spouses may disagree about money, property, child custody, alimony, or child support. If they can’t agree, even after mediation, the court steps in to settle the dispute. This process can take months or even longer. So, a regular divorce usually requires more court hearings and legal fees.
In contrast, in a uncontested divorce, both sides agree on everything. They can skip most of the court process if they agree on all issues right from the start. The court must still review the case and hold a short hearing, but the path forward is much smoother.
How Long Do You Have to Live in South Carolina to File for an Uncontested Divorce?
At least one spouse must live in the state to file for divorce in South Carolina. If both spouses live in South Carolina, one must have lived there for at least three months. If only one spouse lives in the state, that person must have lived there for at least one year.
These rules apply to all divorce cases, including uncontested ones. A lawyer can look at your situation and confirm whether you meet the state’s residency rules before you file your case.
What Are Other Requirements for a South Carolina Uncontested Divorce?
South Carolina allows uncontested divorces to proceed when spouses fully agree on all issues. If spouses file for divorce on a no-fault basis, they must live in separate homes for at least one full year before filing. They cannot live under the same roof during that time. If spouses file for divorce on fault-based grounds, such as adultery or physical cruelty, they do not have to wait a year.
However, in all South Carolina divorce cases, the court must wait at least 90 days after filing before granting the divorce. A lawyer can help you determine which requirements apply to your situation and prepare accordingly.
How Long Does It Take to Get an Uncontested Divorce in South Carolina?
If both spouses agree on everything and meet the legal requirements, an uncontested divorce in South Carolina can be finalized within a few months of filing. If the couple bases the divorce on the no-fault ground of one year of continuous separation, they must wait until that full year passes before filing. After they file, the court must wait at least 90 days to approve the divorce. The court may schedule a final hearing shortly after that. A lawyer can prepare the necessary forms, file them with the proper court, and work to schedule the hearing as soon as possible.
What Are the Steps in an Uncontested Divorce?
To start an uncontested divorce, one spouse must file a complaint with the family court. Then, the other spouse must receive legal notice of the divorce and have the chance to sign an agreement or a response. If both sides agree on every issue, the case can move forward without delay.
Next, one spouse (or their lawyer) can file the signed agreement and other required forms. After that, the court will schedule a short hearing. At the hearing, one spouse gives basic testimony to confirm the details of the case. If everything checks out, the judge signs a final divorce decree.
Do You Need a Lawyer for an Uncontested Divorce in South Carolina?
South Carolina law does not require either spouse to hire a lawyer, but legal help can make the process smoother. A divorce attorney can explain your rights, help you prepare your divorce agreement, and file all the correct forms. Even if you and your spouse agree on everything, mistakes in your paperwork could lead to delays or even a rejected filing. A lawyer can review the terms of your agreement. Additionally, your attorney can speak during the final hearing and ensure you meet all the court’s rules.
How Much Does a South Carolina Uncontested Divorce Cost?
The cost of an uncontested divorce in South Carolina depends on the details of the case. Everyone must pay a court filing fee, which is currently $150. The filing spouse must also pay for service of process to deliver papers to the other spouse and for copies of court documents.
Legal fees vary based on the lawyer’s rates and how much help you need. If your case moves forward without major issues or disagreements, your legal fees will usually be lower than in a contested case. Some lawyers offer flat fees for uncontested divorces, while others charge hourly rates. Your lawyer can give you an estimate based on your situation and explain exactly what their fee covers.
Contact a South Carolina Divorce Lawyer
If you’re preparing for an uncontested divorce in South Carolina, contact McKinney, Tucker & Lemel LLC to set up your initial consultation. Our team has helped many satisfied clients handle uncontested divorces quickly and with less stress. We can review your agreement, prepare paperwork on your behalf, and guide you through the divorce process from start to finish.
